Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ismail v Minister For Immigration & Multicultural Affairs [1999] FCA 1555 MIGRATION – REFUGEES – application for review of decision that the applicant was not a person to whom Australia owed protection obligations – errors in interpretation of applicant's evidence given to Tribunal – whether applicant given an adequate opportunity to appear and give evidence to the Tribunal – whether errors in interpretation affected Tribunal's decision. Migration Act 1958 (Cth), ss 5, 65, 412, 425, 476 Migration Regulations 1958 (Cth) r 866.221 Zoeller v Federal Republic of Germany (1989) 23 FCR 282 cited Perera v Minister of Immigration and Ethnic Affairs [1999] FCA 507 cited
G S Goodwin-Gill, The Refugee In International Law (2nd ed. Clarendon Press, Oxford, 1996) J C Hathaway, The Law of Refugee Status (Butterworths, Toronto, 1991) SAROJINI DEVI ISMAIL v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS LEE J 10 NOVEMBER 1999 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 185 OF 1998
BETWEEN: SAROJINI DEVI ISMAIL
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LEE J
DATE OF ORDER: 10 NOVEMBER 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: 1. The decision of the Refugee Review Tribunal be set aside and the matter remitted to the Tribunal for determination according to law. 2. The respondent pay the applicant's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAG 185 OF 1998
BETWEEN: SAROJINI DEVI ISMAIL
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: LEE J
DATE: 10 NOVEMBER 1999
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate